Lupton Fawcett LLP - Openbrief » Dispute Management

Misleading Advertising - a recent ASA decision

Fiona Kingscott — Mon, 23 Aug 2010 11:31:37 +0000

The ASA Council (Non-broadcast) has recently held a retailer in breach of the CAP Code for having insufficient stock to meet anticipated demand. It found that internet retailer, Simply Be, has breached the CAP Code clauses 3.1 (Substantiation), 7.1 (Truthfulness), 16.4 (Availability of products), 27.4 (Sales promotion rules) and 30.1 (Availability), by an email it [...]

The costs risks inherent in refusing to Mediate or in delaying Mediation

Paul Houghton — Tue, 26 Feb 2008 15:42:01 +0000

It has been the position for some time (Dunnet v Railtrack in 2002) that a party who is successful at trial or appeal (and would therefore normally be entitled to expect to receive its costs from the other side), may be at risk of not being awarded some, or all, of those costs, if they [...]

Court of Appeal provides welcome clarification

Andrew Johnson — Tue, 26 Feb 2008 15:34:46 +0000

The Court of Appeal’s decision in the matter of Gaston Siborurema v (1) Office of the Independent Adjudicator (“OIA”) (2) London South Bank University (“LSBU”) [2007] EWCA Civ 1365 has provided clarity on two important issues concerning the OIA and, by extension, Higher Education Institutions (“HEIs”). Although dealt with in the Court of Appeal Mr [...]

Management and staff costs successfully claimed in litigation in the UK

Paul Houghton — Wed, 04 Jul 2007 13:27:48 +0000

The decision of the Court of Appeal in Aerospace Publishing Ltd -v- Thames Water Utilities Ltd [2007] EWCA Civ 3 has provided helpful clarification as to the recoverability of the costs of management and staff time in litigation and the requirements to be met to do so. Key requirements to be proved are that a) [...]

Tenant’s CVA fails to shield parent company guarantor from rent liability

Paul Houghton — Wed, 04 Jul 2007 13:27:01 +0000

In 2006 the electrical retailer Powerhouse proposed a controversial ‘corporate voluntary arrangement’ (CVA) which would allow the closure of its loss making stores but to keep open its profitable ones. Powerhouse hoped to pay a fraction of the rent due to its landlords for the loss making stores which were to be closed. The proposal [...]